How Settlement Testing Works - in 83 Seconds


The Secret Sauce....

Our settlement software makes it safe for both sides in a negotiation to be
honest about their best, most conciliatory number. It is AWESOME!

In 18 minutes our settlement software will allow you to find out:

  1. If you can settle cases < $200,000  right away
  2. If mediation makes sense for your bigger cases.

Record of Success

  • Over 80% of cases are settled using our process.
  • Proven in many liability types, at every stage of litigation.
  • Our clients report an average of 30+ hours saved on cases.
  • National Success: Used in 49 States and counting. 



Settlement Testing is billed at a modest flat fee, payable by both sides. The fee includes:

  1. Our reaching out to your opponents. 
  2. Getting them comfortable with the technology. 
  3. Scheduling both sides for an actual 18-minute testing session.
  4. Conducting the Settlement Testing session.
  5. Providing a summary of the results.
  6. Unlimited repeat sessions – you may repeat the Testing on any particular case as many times as both sides are willing to negotiate.

What a Claim Leader Says

What a Plaintiff Attorney Says

Take a Test Drive

Choose a side in a million dollar case – and see for yourself how the Settlement
Testing software works.

In this scenario, your goal is to settle for $1 million. So if you negotiate as a Plaintiff, start at $2 million, and work your way down. If you negotiate as a Defendant, start a $200,000 and work your way up. You will be very cold at the beginning, but try testing lots of numbers, and watch how the thermometer gets warmer when you and your opponent both have a new number in the system. To start over, simply refresh your page. 


What happens when you enter a number? 
The thermometer simultaneously shows both sides a temperature reading indicating whether the gap between their numbers is large or small, whether your settlement prospects are cold, or warm.   These visual comparisons safely build confidence in your settlement prospects. . . without revealing a single one of your numbers to the other side. You don’t get to see the other side’s number. But you do see how each of YOUR numbers compared to a number from the other side. 


We hire 18 surrogate jurors from the venue and conduct a full-day mock trial, presenting the evidence and arguments of the case in a trial-like setting. We gather feedback throughout the day using our proprietary software and three separate jury deliberations and verdicts.
What good is Settlement Testing?

Settlement Testing allows you to negotiate settlements faster and with less risk.

How does Settlement Testing help me close my files?

Settlement Testing makes it safe for both sides to be honest about their settlement position.  That is why a few short minutes of Testing will tell you whether the other side is serious about resolving the case. 

How long does a Settlement Testing session last?

18 minutes

When I hit the Submit button, where does my number go?

Once a number is submitted, the other side will receive a notification on their screen letting them know you've submitted an offer/demand.

Your number will remain confidential. Once your opponent submits their counter, the difference in your numbers will be represented by the temperature in our thermometer.

Why should I trust First Court?

First Court has facilitated over 1700 virtual mediations over the past 4 years. In that time, our format has been able to resolve disputes over 80% of the time.

On average our clients have reportedly saved over 30+ hrs per file using our innovative platform.

How does Settlement Testing make it safe for both sides to be honest?

Your offers/demands are never disclosed to the opposing party. Ensuring their numbers are not influenced by yours.

Making it safe for both parties to be honest.

Do I need a lawyer to participate in Settlement Testing?


How many sets of numbers can the two parties submit?

There is no limit.

(On avg, there are 15-20 exchanges during an 18-minute settlement testing session.)

Can the plaintiff increase the number they submit, ie. move their demand UP?

Each demand must be lower than their last.

If either side attempts to decrease their offers or increase their demands, they will be met with an error message.

Can the defendant decrease the number they submit, ie. move their offer DOWN?

Each offer must be higher than their last.

If either side attempts to decrease their offers or increase their demands, they will be met with an error message.

Can we communicate on the phone during a testing session?

Sure. That's completely up to you.

Can’t the other side figure out my number?

No. They cannot figure this out. But the warmer it gets, the easier it'll become for parties to have a rough idea of where their opponent is at. This builds confidence-Exactly what settles cases!

Can I ever reveal my numbers to the other side?

Sure. That's up to you.

Case Submission (Takes Two Minutes)